State legislator Charles Key Tenth Amendment Resolution

HOUSE MEMBER SAYS RESOLUTION ON 10TH AMENDMENT ISN’T ABOUT PARTISANSHIP

BY MICHAEL MCNUTT

Published: January 4, 2009

An Oklahoma lawmaker wants to put the federal government on notice to stop doing things that he says are abusing its authority over the states.

With a Republican-controlled Legislature set to convene next month for the first time in state history, chances are good the measure will pass, said Rep. Charles Key. A similar resolution failed to advance last year.

Key, R-Oklahoma City, said he thinks many federal laws violate the 10th Amendment of the U.S. Constitution, which states the powers not delegated to the federal government “are reserved to the states respectively, or to the people.” The Constitution lists about 20 duties required of the federal government.

“We, the people in the states, created the federal government,” Key said. “They act like they created us and we’re under their authority, and that’s really not the case.”

What’s proposed?

Key’s resolution states the federal government should “cease and desist, effective immediately, mandates that are beyond the scope of these constitutionally delegated powers.” A resolution is a formal expression of opinion, will or intention voted by legislators.

“It’s to help try to get us back to following the Constitution and try to preserve our constitutional form of government,” Key said. “The federal government continues to violate it more and more. It’s gotten so bad that they pretty much do whatever they want and get away with just about anything they want to get away with.”

The resolution, House Joint Resolution 1003, is similar to a resolution Key filed last year.

It sailed through the Republican-controlled state House, passing 92-3, but was not taken up in the evenly split Senate. Republicans picked up two Senate seats in November’s election to have a 26-22 majority.

Will is pass this time?

Key said there’s a “much better” chance that the resolution will pass the Senate this year, but he said he and others “will have to work hard to get it heard over there.”

Sen. Randy Brogdon, R-Owasso, is optimistic fellow senators will pass the measure. Brogdon sponsored Key’s resolution last year and plans to sponsor this year’s measure.

“There’s a solid chance of it passing in the Senate this year,” Brogdon said. “If there’s any group of individuals that should support the 10th Amendment — states’ rights — it should be the state legislators,” Brogdon said. “We have more power and are more powerful than Congress. We just do not exercise our powers. … It’s time we put Congress in its place.”

What’s next?

If the resolution passes, the secretary of state’s office is required to send copies of it to the president, U.S. Senate and House leaders, members of Oklahoma’s congressional delegation and legislative leaders in other states.

It cannot repeal any existing federal programs, but Key said the resolution could be the first step in their eventual repeal. Future steps could be suing in with the goal of getting the U.S. Supreme Court to rule on the federal government’s constitutional authority, he said.

Key criticized two specific federal programs: No Child Left Behind and the Real ID Act. The No Child Left Behind initiative, a 2002 program requires, states to measure performance and offer alternatives in cases where schools are failing. Key opposed the Real ID Act because he said it would enroll Oklahomans in a national or global biometric identification system.

Legislators in 2007 opted Oklahoma out of the Real ID Act.

“There’s the issue of whether or not they have the right within the Constitution to tell us, for example, how to run our schools in Oklahoma,” Key said, “and do things, such as the Real ID Act, that might violate people’s privacy or put at risk their personal information.”

Oklahoma is plain spoken, strong, and truly vying for a top ranking in cohesion and courage. Remember: Oklahoma even issued a ultimatum against U.N. intimidation. It reminds me of the cohesion and courage of ancient Scotland every time the English wanted to take over. Now look at who is taking over the English !

I think that declaring sovereignty in the United States of America is a courageous thing to do. On behalf of all the states that have done this, I say Good for you! Now, have the consequences been seriously thought out? what happens on the federal level in emergency aid situations? How do these individual states receive care or assistance in times of crisis? I understand the need to keep laws and the “arm” of the “man” at bay on certain subjects, but, will this really help or hurt each state that has stood up and now sticks out?

I was wondering if you have heard anything about the Nasdaq’s “PORTAL Alliance”? This consortium of Rothschild-influenced banks was created in November of last year, but there has been a complete media blackout regarding any of its activities since it was created.
When you look at the list of financial institutions and banks that are “members”, everything that has happened in the financial markets since last November (a fascist coup) starts to make one uneasy…

From Forbes.com:

(1744-1812) Meyer Amschel Rothschild:
Meyer Amschel Rothschild helped invent modern banking by introducing concepts such as diversification, rapid communication, confidentiality and high volume. The superlatively discreet foreign-exchange banker diversified from the very beginning, selling antiques and procuring loans. Remarkably, Rothschild was willing to cut into his own profits in order to secure future business.
And, earlier than most, he understood that time and information meant money, and he pulled out all the stops to remain in constant contact with associates across Europe. That network came in handy when he helped finance England’s war effort during the Napoleonic Wars. Rothschild institutionalized his bank with a far-sighted will that ensured the continuation of his business. Considered a founding father of international finance, his banking empire–thanks to his five sons–had expanded to London, Paris, Vienna and Naples at the time of his death.

Naive. Naive and dangerous. This isn’t 1789. If these several states think they can go it alone, without the benefit of interstate commerce protection, the full faith and credit clause, centralized government, disaster relief, and federal protection from foreign and domestic threats, then they are living in a dream world. You can’t just say, “no federal limits on federal funding grants” and expect it stick. Alaska and Hawaii are especially vulnerable, being geographically isolated. They’d be gobbled up in an hour by a less understanding foreign power.

United we stand, divided we fall. Quickly and painfully. Foolish, vainglorius, prideful and misguided.

States not on the list at all:
New York, Florida, Texas, New Mexico, Nebraska, Ohio, Tennessee, Mississippi, Virginia, West Virginia, North Dakota, South Dakota, North Carolina, South Carolina, Maryland, Vermont, Minnesota, Louisiana, Wyoming, Oregon, Iowa, Wisconsin, Delaware, New Jersey, Rhode Island, Connecticut, Massachusetts, and New Jersey.

Each state could take it upon themselves to grow Industrial Hemp .The seed for bio diesel and you have a protein souce left in the seed cake for food.The stalk,high in cellulose for ethanol production or fiber for the car part industry.
This is one of our basic sovereign rights to grow any plant.The confusion the Feds and DEA have distinguishing between the two marijuana crop and Industrial hemp they tell the states they cannot grow ,THEREFORE TAKING AWAY OUR SOVEREIGN RIGHTS

More intrigue from the hidden “powers that be” in the form of Freemasonic agents and Zionist puppets rather than true constitutiuonal patriots. The bottom line always ends with average pèople killing each other while super rich Zionists get more powerful at every turn!

That what´s going to happen after the coming Civil War 2, that will result in the “North American Union” w Canada and Mexico, the implementation of the “Amero”, or something like it, and a “Socialist” dictatorship under Obama, the Antichrist and his Israeli “handlers”.

Sounds like Kevin is a pro federal government control socialist kind of guy.
Sure you can say “no federal limits on federal funding grants” and expect it stick.”
I guess you and some of the too long in congressional members have forgotten the government is ran by the people and for the people.
No one is trying to be ridiculous in reference to federal grants.
You are sorely mistaken if you believe there should not be federal limits.
Your reply seems to have the exact position a bunch of lousy Washington DC insiders like the less than honorable socialists Pelosi, Kennedy, Reid, Frank, Obama, and many others.
It appears you do not understand the whole concept and intent of the Amendment Resolution.

Actually, Mike, I do understand it. Nice knee-jerk shout of “socialist,” there too, bud. Not predictable at all. Just because I believe in a centralized government, for the COMMON good doesn’t make me a socialist.

Let’s be realistic. I believe Colorado passed a similar resolution some years ago and it did exactly nothing. If the states want federal money then they have to play by federal rules. If they don’t want the money, hey, more power to ‘em; let ‘em go their own way.

I have absolutely no problem with federalism or states’ rights. I think the way the Bush administration ran roughshod over civil liberties was shameful. I think it’s ridiculous that federal agents arrest medical marijuana users in jurisdictions where it is legal. I have no problem with the 2d Amendment and its various interpretations by the various states.

I do, however, have a problem with threatening to strong-arm the feds; it’s no better than the feds strong-arming the states, and potentially much more dangerous.

The resolution before the NH legislature, I believe (might be wrong here) goes so far as to threaten to “nullify” the Constitution of the US. That’s too far. We have to many enemies just waiting to take advantage of any sign of weakness to allow such discord in our house. We do actually need a strong central government.

The various states are bound together much more tightly than they were at the time of the writing of the Federalist Papers. Modern interstate commerce, communication, travel, water rights, power grids, etc., make it nearly impossible for any one state to shut down the federal government in such a way. To me, it smacks of saber-rattling of the worst kind. And despite declarations to the contrary, I think that alot of this has to do with the election of the current administration. If the various states have a problem with the actions of the federal government, how about acting through their duly elected representatives before shouting “fire” in a crowded house?

But hey, that’s just my opinion. Last time I checked, we were all still entitled to them.

It is past time that all states declare their
sovereignty. The Federal Government has
continually trampled on state constitutions
and it is time to put a stop to it. The USA is
a Republic, and the people are supreme.
We send people to Washington DC, to
represent us and our majority desires.
They are not our masters, but are actually
servants who serve at the pleasure of “We The
People”, and are subject to recall, from the
President to the Supreme Court, and both
houses of Congress. Let us reassert this fact, NOW !!!

And you have left out the FACT–that Article “1” Section “8” DOES list all that congress has the right to interfere in our lives. There are around 18 items there.
Congress has surely OVER STEPPED the bounds of OUR CONSTITUTION.
GO GET THEM. Get your power back,where it belongs. This has been a long time coming.

Eric,
1089 made it past the House and died in committe when it reached the Seante so It was not passed.
This is a whole new attempt with the same resolution from last year.
This resolution is now HJR 1003
Hope that answers your question.
Ax

“If the various states have a problem with the actions of the federal government, how about acting through their duly elected representatives before shouting “fire” in a crowded house?” – Kevin

Well, Kevin, there in are the devil in the details. It’s not Obama,Pelosi or even the Stimulus Package that’s causing all of the backlash. It’s how they went about it.

If the current administration wishes to do a “Census” from the White House instead of independently.(big no,no) And if the current Democratically controlled Congress wishes to make decisions on behalf of “ALL” of America but with only “HALF” of America’s Representatives taking part in the closed door meetings. Well, that’s a recipee for naughty behavior. And both parties are capable of naughty behavior.Dems and Repubs. That’s why we need to bring power back to a local level. A State level. Congressman Ron Paul has said all along that the States should retain as much power as possible.

true liberty is the viligence of the people. never let your rights be stripped away inrimentally….have a hawks eye about that, rattle off to your states, keep your sovereignty, and be VILIGANT. we’re all in this together and we just can NOT let up.

What can you do to help stop the corruption in Washington? Do you want to fight back, but don’t know how? The first step to fighting back for your rights, and the rights of your children, and grandchildren’s future is to sign up at http://www.TEAPartyDay.com Promote the TEA Parties and attend them.

This seems like just another way that special scrutiny could be applied to those whose opinions or information might not square with the governments wishes. How are they going to know who is giving you what unless they can take a close look into your private life?
It would make a great tool of intimidation. The journalists police themselves, the bloggers should be left to do the same. If someone feels that they have been harmed by a non-disclosure, let them take it to court. I can’t imagine what the case would be but I continue to be surprised at the nonsense that goes on. I mean, what? You watch a crappy movie and you think it is the fault of a blogger who gave a glowing review because the producer slipped them goodies?

Who is injured by false advertising? (I mean quantifiably so :)

Caveat Emperor

and that goes for the mainstream journalists as well as the bloggers.

Is still hard and sometimes impossible to get press credentials as a citizen journalist yet they want to impose more hardship upon volunteers that their paid counterparts?

what I think the government needs to worry about more important things and get the heck out of people’s business.